Supreme Court of India · 2006-09-27
PABITRA KUMARA ROY vs ALITA D'SOUZA
- Citation / case number
- SC 2000/2785
- Court
- Supreme Court of India
- Petitioner
- PABITRA KUMARA ROY
- Respondent
- ALITA D'SOUZA
- Author
- ALTAMAS KABIR
- Bench
- A.K. MATHUR & ALTAMAS KABIR
Judgment text excerpt
The Supreme Court interpreted Sub-section (2) of Section 3 of the West Bengal Premises Tenancy Act, 1956, clarifying its applicability to leases exceeding twenty years with a termination clause. The Court held that such leases are subject to the provisions of the Act unless explicitly stated otherwise, thereby affirming the applicability of the Act to the lease in question. The judgment emphasized the importance of the lease's terms in determining the rights of the parties involved, particularly in eviction proceedings under Section 111 of the Transfer of Property Act, 1882.